Court of Appeal overturns strike out of claim for abuse of process because of previous arbitration decision | Practical Law

Court of Appeal overturns strike out of claim for abuse of process because of previous arbitration decision | Practical Law

In Michael Wilson & Partners Ltd v Sinclair and others [2017] EWCA Civ 3, the Court of Appeal considered whether it was an abuse of the court's process for A to claim in legal proceedings against C, on a basis which had been decided against A in prior arbitration proceedings between A and B.

Court of Appeal overturns strike out of claim for abuse of process because of previous arbitration decision

by Practical Law Dispute Resolution
Published on 16 Jan 2017 • England, Wales
In Michael Wilson & Partners Ltd v Sinclair and others [2017] EWCA Civ 3, the Court of Appeal considered whether it was an abuse of the court's process for A to claim in legal proceedings against C, on a basis which had been decided against A in prior arbitration proceedings between A and B.
Note: On 25 July 2017, the Supreme Court refused permission to appeal this decision (see Michael Wilson & Partners Ltd (Respondent) v Sinclair (Appellant) UKSC 2017/0049.)